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Howse v. Hodous: "The Undue Arrest and Qualified Immunity Case"

953 F.3d 402 (6th Cir. 2020)

Is it a feature or a bug of the common law system that standards evolve slowly -- one court, jury, or judge at a time -- rather than by the mandate of a legislature seeking to definitively recognize rights and harms? When might the common law create barriers to justice? Is it fair that we make laws based on individual sets of judges and juries? When might the common law afford undue protections?